Bell v. Indiana University, 16-cv-2463 (S.D. Ind. 2016)
Richard N. Bell is a professional photographer (and conveniently, also an attorney), who took a photograph of the Indianapolis skyline in March 2000. In 2011, Bell registered his photograph with the U.S. Copyright Office, and has remained the sole-owner of the copyright in that image. Bell published the photograph on multiple websites, and licensed the photograph for publication elsewhere.
In August 2016, Bell discovered that Indiana University had utilized his photograph to advertise on its website. Indiana University did not disclose the source of the photo, and instead claimed it owned the copyrights to the image.
On September 15, 2016, Bell filed a copyright infringement suit against Indiana University. Bell is claiming that Indiana University used his photograph for commercial use without obtaining a license or paying any fees. Bell claims that Indiana University knew it did not own the rights to publish his photograph, and that it had not paid for the rights to publish the photograph, but represented to the world that it owned the rights. Bell is also alleging that third-party users were able to access the photograph from Indiana University’s site, and that Indiana University is vicariously liable for each download of the image by each third-party.
Bell is seeking a declaration from the court that Indiana University infringed on his copyrights. In addition, he is seeking an injunction, and money damages.
On October 26, 2016, Bell filed an Amended Complaint, in which he named Jay L. Hess, the Dean of the Indiana University Medical School, as the defendant. Bell has asserted all claims against Hess, rather than Indiana University, since Hess oversees the residence program of I.U. Medical School’s pediatric residency program, which is the entity that Bell claims infringed his copyrights.
Bell v. Purdue University, 16-cv-2488 (S.D. Ind. 2016).
On September 16, 2016, Bell filed a nearly identical copyright infringement suit against Purdue University. Bell claims that he discovered Purdue’s infringing use in April 2016. Bell alleges that Purdue allowed third-party users access to his Indianapolis photograph, and that it is vicariously liable for each third-party download.
Bell is seeking the same relief in this case as he is seeking against Indiana University; namely a declaration from the court that Purdue’s actions infringed his copyrights, an injunction and money damages.
On October 27, 2016, Bell filed an Amended Complaint, in which he named Mitch Daniels, the President of Purdue University, as the defendant. Bell has asserted all claims against Daniels, rather than Purdue University, since Daniels oversees the Purdue Extension, which is the entity that Bell claims infringed his copyrights.